contrary, be proof of the facts stated therein" for section 35 and " ....
that document shall be admissible in evidence without proof of the signature
or authority of the person appearing to have signed it and shall, in the
absence of evidence to the contrary, be proof of the facts stated
therein." for section 54(2). With due respect to the petitioner's counsel, we
are not persuaded to disregard the vivid powers conferred upon the Court
by the impugned provisions for purposes of regulating and controlling the
admission of Certificates and documents referred therein.
We thus respectfully disagree with the petitioner's counsel omnibus
complaints. After all, we wish to remind that, it is trite law, as alluded to
earlier, that, the misconduct practice and, or any malpractice that may be
perpetrated by law actors in judicial processes or during administration of
any law are matters that cannot be challenged through a Constitutional
petition. This is because, those acts/misconducts cannot constitute grounds
that can be relied on to examine the efficiency or deficiency of any law and
for that matter, have nothing to do with the Constitutionality of any law.
In view of the foregoing discussion, it is evident to us that tendering
of "a document" or "certificate" for admission under sections 35 and 54 of
POTA is a question of practice and, or administration of law which, as we
have held, is controlled and regulated by the Court. That is why we have
just observed in bold above that the Court can only admit in evidence the
document under section 35 or Certificate under section 54(2) if there is no
any evidence to the contrary. Under the circumstance above clarified,
we do not see how the two provisions violate article 13(1), (6)(a) &(b) of
the Constitution regarding the rights to- equality before the law, presumption
Page 34 of 37
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